IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

MICHELLE R. MATHIS, et al.,

Plaintiffs,

vs. Civil Action 2:12-cv-322

Judge Marbley

Magistrate Judge King

MIKE DeWINE, et al.,

Defendants.

OPINION AND ORDER

On May 1, 2012, the United States Magistrate Judge recommended that

this action be dismissed. Report and Recommendation, Doc. No. 4. This

matter is now before the Court on the objections to that recommendation

filed by Michelle R. Mathis. Objection, Doc. No. 8. The Court will

consider the matter de novo. See 28 U.S.C. § 636(b); Fed. R. Civ. P.

72(b)

Plaintiff Michelle R. Mathis (“plaintiff”) purports to bring this

action for injunctive and monetary relief on behalf of herself and 16

other named individuals, characterizing the action as a class action

under Fed. R. Civ. P. 23. The Magistrate Judge reasoned that plaintiff

lacks standing to assert the claims of others and, as a non-lawyer, lacks

authority to represent others in this Court. See 28 U.S.C. § 1654. As

to the claims of “human trafficking” and “remote neural monitoring” by

defendants Barack and Michelle Obama, the rapper Jay-Z, the Director of

the National Security Agency and the Ohio Attorney General, which claims

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are asserted on behalf of plaintiff herself as well as the other named

plaintiffs, the Magistrate Judge reasoned that such claims lack an

arguable basis in fact or law because they contain factual allegations that

are “‘fantastic or delusional.’” Report and Recommendation, p. 3 (quoting

Neitzke v. Williams, 490 U.S. 319, 327-28 (1989)). The Magistrate Judge

therefore recommended that the action be dismissed.

In her objections, plaintiff first complains that, because she

invokes the procedures governing class actions, she has standing and

authority to pursue the claims of the other named plaintiffs. This Court

rejects plaintiff’s attempts to pursue the claims of others under the

guise of class allegations. The claims arising out of state judicial

proceedings involving Mia Clayborne, one of the other named plaintiffs,

simply do not involve plaintiff. It therefore cannot be said that

plaintiff’s claims “are typical of the claims . . . of the class . . .

.” Fed. R. Civ. P. 23(a)(3). 

The Complaint does allege that plaintiff, like the other named

plaintiffs, have been the victims of “human trafficking” and other

misconduct. Even assuming that the alleged class of 16 named plaintiffs

“is so numerous that joinder of all members is impracticable,” Fed. R.

Civ. P. 23(a)(1), that conclusion does not address the Magistrate Judge’s

characterization of the allegations of the Complaint in this regard as

fantastic or delusional. This Court agrees with that characterization and

therefore agrees that the action must be dismissed.

The objections of plaintiff Michelle Mathis, Doc. No. 8, are DENIED.

The Report and Recommendation, Doc. No. 4, is ADOPTED AND AFFIRMED. This

action is hereby DISMISSED.

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The Clerk shall enter FINAL JUDGMENT.

Moreover, the Court concludes that an appeal from the judgment

entered in this action would not be taken in good faith. See 28 U.S.C.

§ 1915(a).

 s/Algenon L. Marbley 

 Algenon L. Marbley

 United States District Judge 

DATED: July 16, 2012

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